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प्रश्न
Principle: No court can execute the decisions unless it is having territorial jurisdiction over the property or the person against whom a decision is to be executed. The Court which gave the decision can transfer the matter to the court which has the territorial jurisdiction over the person or property.
Facts: A decision is given by the court at New Delhi on a contractual matter against X in a suit between X and Y. X is a resident of Maharashtra and he has properties in Maharashtra and Gujarat.
पर्याय
New Delhi court can transfer the proceedings to Court at Maharashtra only
New Delhi court can execute the decision because it had the jurisdiction to decide the matter so it can execute also
New Delhi court can transfer the proceedings to court at Gujarat only
New Delhi court can transfer the proceedings to either of the courts i.e. Maharasthra or Gujarat
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उत्तर
New Delhi court can transfer the proceedings to either of the courts i.e. Maharasthra or Gujarat
Explanation:
New Delhi court can transfer the proceedings to either of the courts i.e. Maharashtra or Gujarat. This is according to the principle that the Court which gave the decision can transfer the matter to the court which has the territorial jurisdiction over the person or property.
APPEARS IN
संबंधित प्रश्न
Direction : The passage given below is followed by a set of question. Choose the most appropriate answer to each question.
For proper functioning of democracy it is essential that citizens are kept informed about news from various parts of the country and even abroad, because only then can they form rational opinions. A citizen surely cannot be expected personally to gather news to enable him or her to form such opinions. Hence, the media play an important role in a democracy and serve as an agency of the people to gather news for them. It is for this reason that freedom of the press has been emphasised in all democratic countries, while it was not permitted in feudal or totalitarian regimes.
In India, the media have played a historical role in providing information to people about social and economic evils. Also, sometimes the media present twisted or distorted news that may contain an element of truth but also an element of untruth.
Recently, Media comments on pending cases, especially on criminal cases where the life or liberty of a citizen is involved, are a delicate issue and should be carefully considered. After all, judges are human beings too, and sometimes it may be difficult for them not to be influenced by such news. This, too, should be avoided because a half-truth can be more dangerous than a total lie. The media should avoid giving any slant to news, and avoid sensationalism and yellow journalism. Only then will they gain the respect of the people and fulfill their true role in a democracy.
The British law is that when a case is sub judice, no comment can be made on it, whereas U.S. law permits such comment. In India we may have to take an intermediate view on this issue: while on the one hand we have a written Constitution that guarantees freedom of speech in Article 19(1)(a) - which the unwritten British Constitution does not - the life and liberty of a citizen is a fundamental right guaranteed by Article 21 and should not lightly be jeopardised. Hence, a balanced view has to be taken on this.
Therefore, the media have a great responsibility also to see that the news they present is accurate and serve the interest of the people. If the media convey false news that may harm the reputation of a person or a section of society, it may do great damage since reputation is a valuable asset for a person. Even if the media subsequently correct a statement, the damage done may be irreparable. Hence, the media should take care to carefully investigate any news item before reporting it.
Which of the following is the most logical, rational, and crucial message given by the passage?
The question consists of two statements, one labelled as Assertion (A) and other as Reason (R).
You are to examine the two statements carefully and select the best option.
Assertion: We the people of India. having solemnly resolved to constitute India into a Democratic Republic.
Reason: A republic will ensure we have a head of state that is democratically elected and accountable to voters. As a result, the head of state will be a more effective constitutional safeguard.
How many articles are in the Constitution of India now?
Given below is the statement of Legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.
LEGAL PRINCIPLE: Clause (1) of Article 15 of the Constitution of India prohibits the State from discriminating between citizens on the ground only of religion, race, caste, sex, place of birth or any of them.
FACTUAL SITUATION: The admission Rules of an Engineering College located in the XYZ State of India provided that no capitation fee shall be charged from the residents of the XYZ State but the non-residents shall be required to pay capitation fee. Whether the Rules are violative of Article 15 (1) of the Constitution?
DECISION:
Which of the following act empowered the Constituent Assemblies of both the dominions to legislate for their respective territories?
By which one of the following constitutional amendments Delhi has become National Capital Region (NCR)?
In which of the following case the Supreme Court ruled that the right to life and personal liberty of a person can be deprived by law provided the procedure prescribed by that law is reasonable, fair and just?
Which of the following writ issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform?
Which of the following Union Territory have the representation in Rajya Sabha?
Who is the ex-officio Chairman of the NITI Aayog?
